Waldo v. Eli Lilly & Company

Filing 70

ORDER signed by Judge Kimberly J. Mueller on 5/19/15 ORDERING after reviewing the arguments and evidence, the application is granted. The scheduling order is amended to vacate the current deadline to disclose experts by 5/15/15 as well as the dead line to hear motions to compel discovery by 6/15/15. The court will issue an amended scheduling order setting further deadlines, if necessary, following the parties' submission of their required joint status conference statement and the scheduled 6/11/15 status conference, where plaintiff is directed to appear and indicate whether she intends to seek counsel and continue pursuing this litigation. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANGELA WALDOW,

12
13
14
15

No. 2:13-cv-00789-KJM-EFB

Plaintiff,
v.

ORDER

ELI LILLY & COMPANY,
Defendant.

16
17
Defendant Eli Lilly and Company (“Lilly”) moves ex parte to amend the Status
18
(Pretrial Scheduling) Conference Order, ECF No. 30, to continue two deadlines: (1) the deadline
19
to hear motions to compel discovery and (2) the deadline for expert disclosures. ECF No. 68.
20
Under the Local Rules of this District, a court may, in its discretion, grant an initial
21
extension ex parte upon a declaration from counsel explaining why an extension is necessary and
22
why a stipulation cannot be obtained. E.D. Cal. L.R. 144(c). Defense counsel has filed such a
23
declaration, explaining that plaintiff has not responded to any of the defense’s discovery requests
24
since the withdrawal of plaintiff’s counsel, and defendant is unclear whether plaintiff intends to
25
continue pursuing this litigation. ECF No. 68-2 at 2–3.
26
After reviewing the arguments and evidence, the application is granted. The
27
scheduling order is amended to vacate the current deadline to disclose experts by May 15, 2015,
28
1

1

as well as the deadline to hear motions to compel discovery by June 15, 2015. The court will

2

issue an amended scheduling order setting further deadlines, if necessary, following the parties’

3

submission of their required joint status conference statement and the scheduled June 11, 2015

4

status conference, where plaintiff is directed to appear and indicate whether she intends to seek

5

counsel and continue pursuing this litigation.

6

The motion is GRANTED.

7

IT IS SO ORDERED.

8

DATED: May 19, 2015.

9
10
UNITED STATES DISTRICT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2